The lawsuit filed in Arlington County Circuit Court last week against Missing Middle housing comes at a conspicuous time for land-use litigation.

Shortly after the County Board approved 2-6 unit buildings in heretofore single-family home zoning districts, the Virginia Supreme Court overruled a zoning overhaul in Fairfax County on procedural grounds in Berry v. Board of Supervisors of Fairfax County.

The decision demonstrates the courts are watching local governing bodies for procedural violations in its policy-making. People following Berry say this decision was somewhat unusual and could give the Arlington plaintiffs stronger footing — though a victory is far from guaranteed.

When the Fairfax County Board of Supervisors approved the changes in March 2021, local governments operating under Covid-era emergency rules could only take action on time-sensitive matters — such as the budget — in virtual meetings, explains Megan Rhyne, Executive Director of the Virginia Coalition of Open Government.

Three months after the decision was approved, state laws were expanded to allow local public bodies to discuss or vote on topics, like zoning, virtually. But the Virginia Supreme Court forced Fairfax to revert to an older zoning code because of this procedural misstep prior to the new laws taking effect.

The 10 plaintiffs in the Missing Middle suit say it is a point in their favor, arguing the state Supreme Court signaled it takes seriously procedural violations.

The suit alleges six ways the decision violated state law, including some procedural errors regarding how the meetings were conducted and how the policies under consideration were poorly explained and distributed. Additionally, the plaintiffs allege one instance where rights under the Freedom of Information Act were violated.

“These are hard cases to win. They’re not often won but we just had one that was a big surprise to a lot of people,” says Kedrick Whitmore, a land-use attorney with Venable, who has represented developers on numerous Arlington projects but is not involved in the Missing Middle suit. “Maybe it’s not as open and shut as you would normally see for challenges.”

Despite the possibly far-reaching consequences of Berry, it seems to have only slowed down Fairfax. The county is already restarting the process to overhaul its zoning code.

A common blueprint

State law says zoning codes serve a variety of purposes, including to reduce congestion, provide for public safety and ensure that natural lands are preserved. The law says officials only have to “give reasonable consideration” to these and other purposes, however.

In practice, this kind of standard can make it difficult for plaintiffs to allege a locality made substantive missteps. Thus, plaintiffs suing over an unpopular decision may find more success alleging procedural and FOIA violations, according to Whitmore and Rhyne.

“Local governments in Virginia are afforded extraordinary deference by the courts and legislation,” Whitmore said. “That makes the substantive road difficult and that’s why procedural might be most effective.”

Rhyne agrees, particularly as it relates to Freedom of Information Act allegations.

“It’s not unusual for a FOIA meeting violation to be alleged after an unpopular decision. Sometimes it’s true — sometimes it has been a violation — but sometimes it hasn’t,” she said.

“While it’s common to take that route, it’s uncommon for it to undo anything,” she continued, making Berry a “super rare” decision.

In the Arlington lawsuit, the plaintiffs allege the county did not post online all the meeting materials that the Planning Commission and Arlington County Board had access to, including a method Board Chair Christian Dorsey would later introduce, which the Board approved, for temporarily apportioning permits based on zoning district.

But the bar for public access requirements under FOIA is fairly low, according to Rhyne. Governments meet the provision if the public is given materials at the same time members of the government receive them, she said.

“If everybody is getting it at the same time, in-person, it’s not useful but it met FOIA,” Rhyne said. “FOIA doesn’t require meaningful time to digest what’s been given.”

This is a finer point than in Berry, which ruled for the plaintiffs because the March 2021 vote occurred when the law did not allow such decisions to be made using virtual-only meetings. This could limit how much Berry applies in Arlington, Rhyne said.

The plaintiffs, however, take a broader view of the principles at stake in Berry.

“Literally the day after the Board enacted densification and changes that are the focus of this suit, the Court reaffirmed the importance of statutory guardrails by invalidating Fairfax County’s zoning overhaul on procedural grounds,” the suit says. “In so doing, the Court affirmed that compliance with Virginia Code’s procedural requirements is not optional.”

The plaintiffs have made no statements about the case and did not wish to comment for this article, an attorney for them told ARLnow. Outreach about the case has been conducted by an LLC formed by residents, “Arlington Neighbors for Neighborhoods,” in the form of a press release last week. The LLC is also raising money to fund the litigation.

Can the plaintiffs even sue?  

The first tack Arlington County will take will be to argue the harms these plaintiffs claim they face are not specific to them and thus they do not have “standing” to file a suit, according to Whitmore.

“You could argue that this affects everyone in Arlington County,” he said. “What standing does is it requires plaintiffs to show they have particularized harm.”

The county told ARLnow it cannot comment on ongoing litigation, but it has taken this general approach before, when it sued some residents and the Ballston-Virginia Square Association. The county petitioned the court to find the residents would not experience particular harm from a decision to temporarily park Arlington Transit buses nearby.

Another recent state Supreme Court decision indicates this is not a slam-dunk strategy for municipalities, though. The Virginia Supreme Court in February overturned a lower court ruling that found residents suing Hanover County over a Wegmans distribution center built in their historically Black neighborhood did not have standing.

A judge wrote that “standing determines who may file a lawsuit — not who can win one. Winning and losing depends on judicial fact-finding and discretion,” a local TV station reported.

Here, Whitmore says the plaintiffs have made efforts to show “they have been or will be harmed in some different particular fashion differently than the ‘every man’ of Arlington.”

All 10 plaintiffs say they will be hurt by higher tax assessments. Each argued how many of the general criticisms levied during the public process — from crowded streets to higher flood risks — represent unique harms for them.

One of the plaintiffs is Marcia Nordgren, who was active in anti-Missing Middle discourse on Nextdoor and published a letter to the editor in the Gazette Leader lambasting the Board and previewing some of the grievances in the lawsuit.

The suit says Nordgren’s neighbor can build Missing Middle homes by-right and she cannot challenge it because the property is under one acre. Others in her neighborhood can challenge developments near them because they need special permits to build such structures on their properties larger than one acre.

Margaret Fibel, who urged the County Board in March to update its infrastructure capacity before making the zoning changes, says Missing Middle development in her neighborhood would result in more street parking and congestion than in other places.

In her area, close to two Metro stations, developers will not have to provide as much on-site parking, meaning her already-crowded street will see even more street parking, she says.

The suit says the following about their plight and that of the eight others.

By singling out these Residential Districts without providing for adequate infrastructure and neighborhood-specific development, the Residents will suffer a particularized harm not applicable to the public generally in the form of increased traffic and parking, intensified stormwater runoff and sanitary sewer use and volume leading to flooding and sanitary sewer backups, tree canopy diminution, and prohibitively expensive tax assessment increases.

Zoning change proponents react

ARLnow previously reported the statements issued by two groups opposed to the zoning changes, Arlingtonians for Our Sustainable Future and Arlingtonians for Upzoning Transparency, on Friday. They both said they were not involved but watching the proceedings closely.

Afterward, proponents of the change disputed the idea that the county confused residents in its communications.

“This lawsuit claims improper notification and that people were confused, didn’t know what was going on,” said Missing Middle supporter Pastor Ashley Goff in a tweet. “Housing advocates knew EXACTLY what was going on which is why we pushed so hard for the change. Zero confusion on our end.”

Meanwhile, Grace White, Arlington Vice President of the pro-housing group YIMBYs of NOVA, told ARLnow this week that the organization is not fazed by the suit.

Missing Middle is an important yet incremental change that was approved unanimously by the county board after years of study, public comment, and deliberation. YIMBYs of NOVA is concerned at the moment with building on the policy to ensure better housing options for all Arlingtonians. We invite opponents of Missing Middle to join us in spending their efforts advocating for solutions, rather than challenging the validity of a duly enacted law in court.

This Saturday, Arlington County’s top prosecutor, its Circuit Court clerk and some attorneys will help people who want their criminal record expunged for free.

The clinic will be held from 11 a.m. to 2 p.m. this Saturday (Dec. 3) at Arlington Presbyterian Church, located off Columbia Pike at 918 S. Lincoln Street. It will provide everything attendees need in one place to request arrests that did not result in convictions be removed from their record.

“Even if you’ve been arrested and not convicted, that arrest can follow you every time you apply for a job, school, or an apartment,” Commonwealth’s Attorney Parisa Dehghani-Tafti tells ARLnow. “That harms people, their families, and the community. This clinic is one way we can mitigate that harm and give people a chance to live productive lives.”

She says this is the first time Arlington has offered an opportunity like this, but she hopes it isn’t the last.

“We wanted to do this for a long time but had to delay because of Covid,” she said. “Prince William has done it recently but I am not aware of any other jurisdictions in Virginia, though it is possible.”

Courts do not identify who is eligible to have their record expunged, so the aim of the clinic is to let people know what is available and what is possible, she says.

“The biggest difficulty is twofold: people don’t know they’re eligible and don’t apply, or others who are not eligible and apply are surprised to discover they are not,” she says. “So, one of our main goals is public education.”

2/2 The point of our clinic is simple: People who are committed to contribute to our community deserve the opportunity for a second chance.

— Parisa Dehghani-Tafti (@parisa4justice) November 27, 2022

Ahead of the clinic, her office partnered with the public defender’s office, the defense bar, local churches, and other community organizations to reach people who may be eligible.

Attorneys will provide pro-bono assistance and clinic sponsors are covering the $86 filing fee on a first-come, first-serve basis.

Attendees need to bring the arrest warrant or final letter of disposition for each charge they would like to be expunged.

Currently, Virginia law limits expungement to narrow circumstances, Dehghani-Tafti says. The Virginia General Assembly passed a new law that would expand eligibility for record sealing, but the changes won’t take effect until July 1, 2025. Even so, there is still room for improvements, Dehghani-Tafti adds.

Clinic sponsors include the Arlington Branch of the NAACP, the Arlington Coalition of Black Clergy and Black Parents of Arlington, as well as local nonprofits Bridges to Independence, Offender Aid and Restoration, Arlington Thrive, Arlington for Justice and the D.C.-based Mid-Atlantic Innocence Project, where Dehghani-Tafti used to serve as legal director.

OAR Associate Deputy Director Mustafa Saboor said in a statement that this clinic is an important first step in helping people overcome unjust barriers.

“Our criminal legal system is overly punitive, and nowhere is that more apparent than in the way arrest records destroy people’s ability to work and live,” Saboor said. “Because Black and Brown communities are overpoliced throughout this country, barriers to work because of arrest records fall disproportionately on those communities, further entrenching deeply racist lines in this country.”

Dehghani-Tafti’s former deputy prosecutor announced on Tuesday that he will be challenging her in the 2023 Democratic primary.

Flickr photo by Joe Gratz

It’s once again the time of year when Arlington’s circuit court starts to select its jury pool for the next year.

Juror questionnaires are being sent soon to tens of thousands of Arlington and Falls Church residents, for jury duty in 2023. Would-be jurors are randomly selected from the voter rolls and will receive questionnaires in the mail.

Most jury trials in the circuit court last 1-2 days, an Arlington County press release says.

The full press release is below.

The Arlington Circuit Court, which includes the City of Falls Church, will soon begin its annual juror qualification process. Juror questionnaires will be mailed in August to approximately 35,000 randomly selected residents of Arlington County and Falls Church City. These Questionnaires are used to qualify residents for jury duty which begins January 1, 2023 and ends December 31, 2023.

• In accordance with State law, questionnaires are distributed annually to a random selection of residents of Arlington County and the City of Falls Church.
• Recipients are selected from registered voter rolls provided by the State Board of Elections.
• If you do not receive a form in the US Mail, there is nothing you need to do.
• Jury Commissioners appointed by the Court review the questionnaires to determine eligibility for service according to criteria established by the General Assembly.

For more information about jury duty, including a list of individuals who are exempt from serving, please visit the Jury Duty page on the County website.

Not everyone will receive a Juror Questionnaire via Postcard in the US Mail. If you DO receive the form, please follow the steps below:

• Read and carefully follow the instructions on the postcard.
• Using your Candidate/Juror ID# printed on the postcard, visit the secure Juror Website at https://ejuror.arlingtonva.us/ to complete and submit the form online.
• If you cannot logon to the Website, please try again later or try another browser.
• If you do not have a computer, to have a paper copy of the form mailed to you, call 703-228-3123 and provide: 1) Candidate/Juror ID#, Pool #, and Group #; 2) first and last name; 3) street address with zip code; and 4) contact phone# or email for follow-up if needed. The Court prefers online submission to save time and resources.
• Some questions on the form require submission of documents as proof of hardship (i.e., doctor’s notes, travel documents, military orders) and/or detailed explanations in the Remarks section. All information is kept confidential and destroyed after use.
• If you no longer live in Virginia or have moved out of Arlington County or the City of Falls Church, there are questions on the form that will disqualify you.
• You are required to complete and return the questionnaire within 10 days of receipt.  Completing the form online saves resources.
• Once submitted, your completed questionnaire will be processed by the Court.  There will be nothing further you need to do.  If you are qualified by the court to serve, you could receive a summons in the mail next year with detailed reporting instructions.
• The questionnaire is not a summons to appear so please do not call the Clerk’s Office asking to be excused from jury duty.  Excuses will be considered if you receive a summons in the mail.
• Failure to respond to the questionnaire or providing incomplete information may result in your being summoned to Court to complete the form in person.

Quick Facts About Jury Service

• Normal term of service is one day or one trial.
• The average length of a trial is 1 or 2 days, but trials can last longer.
• Jurors must be available between 9 a.m. and 5 p.m. during their period of service (subject to change by the Court).
• Jurors receive $30 each day they report for reimbursement of expenses.

Photo via Google Maps

(Updated at 4:30 p.m. on 7/20/22) The man arrested after the fatal shooting of two construction workers in Alexandria over the weekend was set to be tried for weapons and drug charges in Arlington earlier this year, but charges were dropped.

The reason: a ruling that police conducted an unconstitutional search prior to a 2020 arrest.

Francis Deonte Rose, 27, has so far only been charged with burglary in connection to an incident earlier Saturday morning at an Alexandria apartment complex, the scene of the double murder, but additional charges are expected.

Police say two workers, ages 48 and 24, were shot in the head and were “innocent bystanders to the whole situation.” Officers had been called to the Assembly Alexandria apartment complex around 7:30 a.m. Saturday for reports of someone kicking in the doors at “multiple” apartments, our sister site ALXnow reported yesterday.

Alexandria police radio traffic at the time suggested that the burglary suspect was the ex-boyfriend of an apartment resident and known to carry a gun.

Rose, meanwhile, has a history of gun charges. In 2019, a then-24-year-old Rose was arrested by Metropolitan Police in D.C. and charges with Carrying a Pistol without a License, Bench Warrant, Possession of Unregistered Ammunition, and Possession of an Unregistered Firearm.

The .45 caliber handgun he was allegedly carrying in the Columbia Heights neighborhood was confiscated, according to an MPD press release.

In October 2020, Rose was arrested again, this time in Arlington.

From Arlington County police spokeswoman Ashley Savage:

At approximately 10:23 p.m. on October 17, 2020, officers conducted a traffic stop in the 2300 block of Richmond Highway for a suspended operator’s license. During the course of the investigation, the passenger was found to be in possession of narcotics and a loaded handgun and ammunition were located in a bag alleged to belong to the passenger. Francis Rose, 25, of Washington D.C. was arrested and charged with Possession with Intent to Distribute Controlled Substance (x2), Possession of a Firearm while in Possession of a Controlled Substance (x2), Possession of a Firearm as a Convicted Felon, Possession of Ammunition as a Convicted Felon and Carrying a Concealed Weapon.

Rose was charged with possession of cocaine and intent to manufacture, sell or distribute fentanyl, according to court documents, as well as possession of a gun and ammunition by someone convicted of a felony within the past 10 years.

A grand jury indicted Rose in September 2021, and he was set for a jury trial this past February when defense attorneys made a motion to suppress evidence in the case.

That motion was granted by Arlington Circuit Court Chief Judge William Newman, according to court records, and charges were then dropped for a lack of evidence. Rose was later freed.

In all, he was in the county jail from Oct. 18, 2020 until Feb. 23, 2022, according to the Arlington County Sheriff’s Office.

Reached via email by ARLnow, Arlington and Falls Church Commonwealth’s Attorney Parisa Dehghani-Tafti said the case was made impossible to prosecute after the judge’s ruling.

“As court records show, our office attempted to proceed on those charges, but during a suppression hearing, a judge ruled that the police had performed an unconstitutional search and, as the law required, suppressed the evidence in the case,” the county’s top prosecutor said. “Obviously, we could not prove a case without the evidence, and therefore dismissed it.”

“My heart breaks for the families and loved ones of the people killed this weekend,” Dehghani-Tafti said.

Asked about the case, an Arlington police spokeswoman said “ACPD does not opine on decisions made by the court.”

The defense motion to suppress the evidence, obtained by ARLnow from the circuit court after the initial publication of this article, argues that both the drugs and the guns should be excluded from any jury trial. It says that officers found the gun in a bag that Rose was wearing but ordered by officers to leave in the car. The bag was then searched and the gun found, followed by the discovery of “a small quantity” of drugs, the motion says.

Read More

From Philadelphia to Los Angeles to nearby Fairfax County, and here in Arlington, prosecutors running on criminal justice reform platforms were elected in a wave.

But since they’ve taken office, some have questioned whether their approach to crime is too soft. A recall election in San Francisco ousted its chief prosecutor, and last year, Arlington’s Commonwealth’s Attorney Parisa Dehghani-Tafti also faced a recall campaign, though it never seriously threatened her tenure in office.

Since she took office in January 2020, some types of crime have increased. At the same time, the pandemic pushed her, defense attorneys and the sheriff’s office to reduce the number of people jailed, and staffing shortages led to a cut in some police department services, such as follow-up investigations on property crimes it deemed unsolvable.

Dehghani-Tafti tells ARLnow that when crime is up, the “tough-on-crime crowd” says to “be tougher” and when it’s down, they say to keep jailing people because “it’s working.” But she believes progressive policies and expanding diversion programs for nonviolent offenders can better help them stay on the right side of the law.

She emphasized that her office takes violent crime seriously. The violent crime rate in Arlington was below the state and national averages in 2021. Meanwhile, police officers working with Dehghani-Tafti generally approve of the way her office pursues violent crime charges, Arlington Police Beneficiary Association President Rich Conigliaro tells ARLnow.

Fewer prosecutions of nonviolent crimes 

Although the police don’t believe Arlington has a major crime issue, the department has seen more crime sprees in the last few years, Conigliaro said. There was an overall 8.5% increase in property crime in 2021 compared to 2019, according to ACPD’s annual report.

Police have dealt with cases where the defendant had committed multiple property crimes, such as burglaries, in jurisdictions across Virginia. In one such case, a Maryland man, who was out on bail for charges in Fairfax County, was arrested in Arlington on similar charges, including stealing and spitting on an officer after his arrest.

After that incident, Dehghani-Tafti’s office dropped two charges and downgraded a felony charge into a misdemeanor as a plea agreement. His 180-day jail sentence in Arlington was suspended and he was extradited to Maryland to face prior charges there, according to court documents.

Dehghani-Tafti’s office has downgraded felony charges into misdemeanors for cases that “normally would not have seen that level of a plea bargain being agreed upon” on multiple occasions, Conigliaro said. Detectives are concerned with this trend, he added.

Brad Haywood, the chief public defender in the county, also said Dehghani-Tafti’s office seemed less likely to press felony charges where a misdemeanor charge may apply, such as with nonviolent or minor property and drug cases, he said.

Haywood said her office seems more willing to give people with behavioral issues a second chance by ensuring they receive treatments instead of jail time, unlike her predecessor Theo Stamos. Stamos, who is now working in the office of Attorney General Jason Miyares, declined to comment for this article.

Generally, there have been fewer felony indictments under Dehghani-Tafti compared to Stamos, according to performance data gathered in the latest proposed budget from the Commonwealth’s Attorney office. The number of indictments issued by the Circuit Court decreased 37% from 713 in fiscal year 2019 to 449 in fiscal year 2021. The number of sentencing events dropped by almost 57% from 354 in fiscal year 2019 to 153 in fiscal year 2021.

The number of criminal misdemeanor cases that appeared before the General District Court also decreased by 23.4% from 3,476 in fiscal year 2019 to 2,662 in fiscal year 2021.

In Dehghani-Tafti’s view, prisons cannot effectively rehabilitate an offender. She cited a meta study published by the University of Chicago Press last year that showed incarcerations are less effective in reducing recidivism.

Dehghani-Tafti believes the biggest change she brought to Arlington was creating new diversion programs for adults. Her office is taking part in the Motion for Justice Project, which connects participants to social services and treatments, as well as partnering with the nonprofit Offender Aid and Restoration to provide diversion programs.

“I came in guided by the idea that safety and justice are not opposite values, they are rather complementary values,” Dehghani-Tafti said. “And that we can treat people like people and crime like crime.”

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A contract that’s part of a $1.9 million project to renovate “the courtroom of the future” is set to go before the Arlington County Board.

The Board plans to vote on Saturday (July 16) on an $890,000 construction contract to upgrade Arlington General District Court Courtroom 10B with technology updates and layout improvements. If approved, the contract will go to Michigan-based construction company Sorensen Gross.

Arlington courtrooms haven’t had a major renovation since 1994, according to a report to the County Board.

“Significant technology development has introduced new forms of evidence, including recordings from police body-worn cameras and smartphone cameras,” the report says. “Additional courtroom technology is needed to show this evidence to only the required participants. This technology prototype will address these issues and provide a more flexible setting for future expansion/modification to the system.”

The construction project is set to include renovations such as raising the floor to make routing cables easier, new video monitors and sound systems that coordinate microphones and integrate translation capabilities. By adding a new “technology backbone,” the county aims to give “more direct control of multimedia presentations,” according to the report.

The spectator area, jury box and witness stand are also set for changes, according to a Q&A document with prospective vendors. The changes will comply with Americans with Disabilities Act requirements and improve the layout for judges, witnesses and clerks, according to the report.

The total budget for the project is around $1.9 million, which was included in the county’s adopted fiscal year 2022-2024 Capital Improvement Plan. In addition to the construction contract, the total cost reflects around $370,000 in design and administrative costs and $250,000 in contingency costs.

Construction is currently expected to start in early August and should be mostly complete by July of next year, according to the Q&A document.

Photo via Google Maps

(Updated at 5:35 p.m.) An Arlington jury has found a store employee not guilty in the shooting of a burglar, in a case that received national media attention.

It all started with a burglary of the Arlington Smoke Shop, at 2428 Shirlington Road in the Green Valley neighborhood, shortly before 5 a.m. on March 29, 2020. Three masked suspects allegedly broke into the store and started stealing cash and merchandise.

Shop employee Hamzeh Abushariah was sleeping in a back room of the store at the time due to Covid concerns at his D.C. apartment building. Prosecutors alleged that Abushariah grabbed a gun and shot one of the suspects, who was under the age of 18, point blank in the back.

Abushariah was arrested and charged with Malicious Wounding, Reckless Handling of a Firearm and Violation of a Protective Order. Two juvenile suspects, including the one who was shot and seriously injured, were later charged in connection to the burglary.

The Reckless Handling of a Firearm charge was dismissed in April, court records show, a week after Abushariah was levied with a contempt charge for misbehavior in court. The protective order charge remains active, with a hearing set for this coming Tuesday.

But yesterday, after a trial in Arlington Circuit Court that started on Monday, a jury found Abushariah not guilty of Malicious Wounding, the most serious charge.

“I can’t even explain how happy I am,” Abushariah told ARLnow. “I’m home with my family. There’s nothing like being free especially when you know you’re innocent.”

Jowan Zuber, the owner of the store who has appeared several times on Fox News’ Tucker Carlson Tonight in defense of Abushariah, said the verdict was vindication.

“I broke down when the verdict, all 12 jurors, came [back] not guilty, self-defense,” Zuber said. “So they saw that the Commonwealth had no evidence holding Hamzeh Abushariah for two years, no evidence, taking him away from his kids and his livelihood when we’ve been fighting.”

He said that video played during the trial showed that it was dark in the store when the break-in occurred.

“So when he shot, he did not know where he was aiming,” said Zuber. “[Prosecutors] really hurt this guy big time.”

He said the verdict brings relief for Abushariah’s family after “two years of nightmare going back and forth.”

“The suffering, the tears that my wife, my kids, my family, my sisters, my parents, it’s not cheap, it’s not nothing. It’s something, it means a lot to me,” Abushariah said.

Abushariah was in jail for several months after the shooting, then released on house arrest for four months before he was arrested again, Zuber said. He has been in jail since, before being released around 6 p.m. Wednesday night.

Both Zuber and Abushariah thanked the jury and said they had to mention defense attorney Robert Marshall’s work on the case. In a video posted to Facebook, Abushariah reunites with his family leaving jail as Zuber says it’s all thanks to Marshall.

“We believed in [Marshall] since day 1, and he just went and just showed what the righteous is about and showed that we shouldn’t protect criminals and you have the right to protect yourself when people are coming to hurt you or break in in a violent way,” Zuber told ARLnow. “This is very bad for Arlington because we are here as citizens, we pay our taxes, and we want to protect the good people, not the bad… The jury, the people, made this happen.”

Parisa Dehghani-Tafti, Commonwealth’s Attorney for Arlington and Falls Church, provided a brief statement to ARLnow.

“As always, we respect the verdict and thank the jurors for their service,” the county’s top prosecutor said.

In response to additional questions from ARLnow, Tafti declined to provide other details about the case and the end result of the charges against the two burglary suspects.

“These were juvenile dispositions, and therefore not public record,” she said.

Newly free, Abushariah said it’s nice to see his children, and the green grass and enjoy the weather and good food.

“The smallest things mean so much when you’re free,” he said. “The smallest things in life matter.”

He said he wishes the person he shot well.

“I hope his life will get better, that he will recover, both of us will,” he said.

Brandi Bottalico contributed to this report

Planning for Fmr. Inner Ear Site — “Arlington Cultural Affairs is working with public art and placemaking firm Graham Projects to design a future arts space at 2700 S. Nelson Street/2701 S. Oakland Street in Green Valley, and we are looking for your inspiration and input. A flexible, outdoor open space is planned for the site, which will be designed following the planned demolition of the existing building this fall. In the meantime, we want YOUR thoughts and ideas!” [Arlington County]

Big Money for Growing Local Company — “Arlington’s Federated Wireless Inc. has raised an additional $14 million in a second closing of its latest round of funding — bringing the raise’s total to $72 million — as it looks to augment the private wireless market.” [Washington Business Journal]

Refugee Wins Reprieve in Court — “In a brief ruling from the bench that surprised both sides with its speed, Circuit Court Judge William T. Newman Jr. in December declared Khoy’s plea vacated. Khoy reached for her lawyer’s arm in disbelief. Was the nightmare really over?” [Washington Post]

Events to Mark Civic Association Anniversary — “The John M. Langston Citizens Association will celebrate the 85th Anniversary of the organization with a series of events during the weekend of May 13th through 15th. The Opening Program on Friday, May 13th at the Langston-Brown Community Center will feature recognition of the 28 plaintiffs from the Thompson v. Arlington School Board 1958 court case who were denied entrance to white schools, when the Stratford Four… were admitted on February 2, 1959.” [HallsHill.com]

SoberRide for Cinco de Mayo — “Offered by the nonprofit Washington Regional Alcohol Program (WRAP), the 2022 Cinco de Mayo SoberRide® program will be in operation beginning at 4:00 p.m. on Thursday, May 5th (Cinco de Mayo) and operate until 4:00 a.m. on Friday, May 6th as a way to keep local roads safe from impaired drivers during this traditionally high-risk period.” [WRAP]

Circulator Strike Planned — “Fed up with a lack of progress in contract talks and unfair labor practices, the bus drivers for the DC Circulator, employed by RATP Dev, will be on strike tomorrow morning, Tuesday, May 3rd and will stay out until an agreement is reached.” [ATU Local 689]

It’s Tuesday — Partly sunny during the day, then a chance of showers and thunderstorms, mainly after 8 p.m. High of 75 and low of 56. Sunrise at 6:09 am and sunset at 8:04 pm. [Weather.gov]

Flickr pool photo by Kevin Wolf

Masks are now optional on Metro, on Amtrak and on many airlines.

The announcements were made last night after a judge struck down the federal transportation mask mandate. Some cheered the end of the mandates, while others urged travelers to remain masked regardless.

For Metro, the end of the mask mandate extends to both riders and employees.  From a press release:

Effective immediately, Metro will make masks optional on Metrorail, Metrobus and MetroAccess for its customers. Masks also will be optional for Metro employees. This change comes as a result of the Transportation Security Administration (TSA) suspending enforcement, while the Biden Administration reviews a federal judge’s ruling.

“Our mask mandate has been based on federal guidance,” said General Manager and Chief Executive Officer Paul J. Wiedefeld. “We will continue to monitor this situation as it unfolds, but masks will be optional on Metro property until further notice.”

Metro encourages its customers to make decisions that are in their best interests. Updates will be provided as new information becomes available.

So far, there’s no word from Arlington Transit about the status of masks on ART buses. In New York City, the subway system has, for now, continued to require masks.

In general, what do you think of the decision to end mask mandates on public transportation? Also, do you plan on continuing to wear masks regardless?

Mysterious Bug Bites Reported — Arlington residents are against dealing with red and intensely itchy bug bites, the cause of which is so far unclear. One theory is that last year’s scourge of oak mites are back. [Facebook, WUSA 9]

Catalytic Converter Thefts in Fairlington — “A resident has reported that the catalytic converter on their Toyota Prius was stolen during the night March 21, 2022. The converter was physically cut away from the vehicle. There have been 7 similar thefts of catalytic converters reported from the Fairlington neighborhoods.” [Twitter]

Man Pistol Whipped By Intruder — “2000 block of S. Kenmore Street. At approximately 2:15 p.m. on March 22, police were dispatched to the report of trouble unknown. Upon arrival, it was determined that the victim was inside his residence when the three known suspects forced entry inside and struck him with a firearm. The victim then deployed pepper spray and the suspects fled the scene. The victim sustained non-life threatening injuries and was transported to an area hospital for medical treatment. Warrants were obtained for one suspect.” [ACPD]

Gym in Crystal City Unionizes — From Washingtonian’s Andrew Beaujon: “Movement Crystal City is the US’s first unionized climbing gym. We wrote about this place when it was called Earth Treks.” [Twitter, Twitter]

Help for Arlington’s Ukrainian Sister City — “That partnership, which came to fruition after years of advocacy by Sonevytsky, has mostly focused on cultural and professional exchanges. But the unprovoked Russian attack on Ukraine last month changed all that. Now, the Arlington Sister City Association and the volunteer group that runs the Ivano-Frankivsk relationship are focused on a new mission: helping send humanitarian aid to their partner city and educating Arlington residents about their community’s ties to a place now in a war zone.” [WAMU]

Reminder: Free Observation Deck in Rosslyn — “If you’re looking for views of the blossoms at the Tidal Basin and beyond, head to The View of DC, located at 1201 Wilson Boulevard! This 360-degree observation deck is open daily from 9 a.m. to 5 p.m. (with evening hours until 9 p.m. on Mondays!) and admission is free with a valid government ID.” [Rosslyn BID]

Injunction Against Va. Mask-Optional Law — “Preliminary injunction granted by the federal court preventing defendants from enforcing EO 2 and SB 739 (the mask-optional law) in schools where the plaintiffs & their children are enrolled.” [Twitter, Washington Post, WJLA]

Pappy Is Back at Virginia ABC — “Good news bourbon lovers: Virginia’s annual Pappy Van Winkle lottery is back — this year with two types of Van Winkles… Anyone 21 and over with a valid Virginia driver’s license (you have to prove it when you show up to purchase) can enter the lotteries on Virginia ABC’s website from Wednesday, March 23 until Sunday, March 27 at 11:59pm.” [Axios]

It’s Thursday — After early morning storms, light rain throughout much the day. High of 66 and low of 58. Sunrise at 7:06 am and sunset at 7:25 pm. [Weather.gov]

A man accused of raping a teenager in Arlington 13 years ago will be going to trial later this month.

The two-year-long process to bring him to trial in what was once considered a cold case may be facing delays, however, after a mistrial was declared last week.

Efren Cruz, 43, is accused of rape and sodomy. He fled Arlington sometime after the rape in 2009, authorities say, and the investigation went cold until the U.S. Marshals Service and Immigration and Customs Enforcement officers found and arrested him in 2016.

Cruz is a Honduran citizen who came to the U.S. in 1998, according to ICE. He was extradited back to Virginia and arrested in March 2020. A grand jury indicted him on rape and sodomy charges in August of that year.

His initial trial, which began last Monday (Feb. 28), ended a day later when the presiding judge declared a mistrial. The Office of the Commonwealth’s Attorney and the Arlington Public Defender Office both declined to comment on why this happened, citing professional obligations given that the case is still pending

We are told, however, that the court proceedings somehow lacked transparency and the judge declared the case a mistrial in an abundance of caution, allowing a new trial to be scheduled.

Defense attorneys and prosecutors met today (Wednesday) with Arlington Circuit Court Judge Louise M. DiMatteo and rescheduled the trial for Monday, March 21. An attorney speaking on behalf of Senior Assistant Public Defender Lauren Brice, who is representing Cruz, told the judge this would be enough time for Brice to file new motions in the case based on forthcoming transcripts documenting “whatever happened” in the courtroom last week.

Addressing the prosecution, DiMatteo said she imagines “the remedies that need to take place” after last week are “happening right now.”

The Cruz case dates back to Aug. 28, 2009, when a teen girl told the Arlington County Police Department that a man had sexually assaulted her in her in the 3500 block of S. Ball Street, near Crystal City. Different documents say the alleged victim, named K.C. in court documents, was 13 or 14 years old at the time.

Court records indicate the teenager underwent a physical exam so DNA could be collected. Eventually, a forensic analysis from 2017 determined Cruz “cannot be eliminated as a contributor” of the DNA evidence that was found on her.

The day after K.C. went to ACPD, a felony warrant was issued for Cruz, a then-30-year-old Woodbridge resident and construction worker. Cruz fled to the Houston area sometime between the rape and December 2010, when he was convicted in Texas on charges of criminal mischief and evading arrest and detention charges under a different name, according to court records. At the time, local law enforcement apparently did not know he was a wanted man in Virginia.

Struggling to find Cruz in the months after the rape, detectives in Arlington requested the public’s assistance in a press release dated Nov. 6, 2009.

Without any leads as to his whereabouts, the case in Arlington eventually went cold. It was reassigned in late 2015 to the U.S. Marshals Service, which worked with Immigration and Customs Enforcement officers to locate him, according to a press release from ICE.

The two law enforcement agencies found Cruz — who was on Virginia’s Most Wanted List, according to the article — living in Houston under the alias of Anthony Sanchez. He was arrested without incident in March 2016.

Court records note that Cruz was a serial offender, with a 2009 larceny conviction and an arrest for soliciting a prostitute. ICE officers also connected him to a sex offense against a minor in 2012 in Houston, under his alias of Anthony Sanchez. He was convicted of indecent sexual contact with a child in Texas in 2017, according to court records.

After an Arlington grand jury indicted Cruz in 2020, multiple trial dates were set and then withdrawn, including one instance said to be due to staffing changes within the defender’s office that his attorneys argued would hurt his case.